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Discovery

1,110 published works

  1. Grand Jury Target

    Can Prosecutors Avoid Creating Brady Material in FBI-302 Interview Memos? Yes, They Can (Part 1)

    By Kropf Moseley

    By Sara Kropf I’ve written before about the serious problem of prosecutors not disclosing Brady material to a defendant. (See here and here. Oh, and here too.) Failure to turn…

  2. Drug & Device Law

    MDLs Are Not Vegas – What Happens There Does Not Stay There

    By Michelle Yeary

    Lots of cases get parked in MDLs.  There is no denying it.  It’s built into the system.  Individual cases get brought together in a single court for the purpose of…

  3. All About eDiscovery

    Boilerplate Objections and Discovery Games Require Little Effort but Result in Big Sanctions

    By Farrell Fritz P.C.

    Bursztein v Best Buy Stores, L.P., (2021 WL 1961645 [SD NY 2021]) involves a personal injury lawsuit arising from plaintiff Perla Bursztein’s slip and fall accident in a New York…

  4. Dallas Divorce Law Blog

    New Discovery Rules (handout)

    By Michelle May O'Neil

    [caption id="attachment_3109" align="aligncenter" width="300"] Texas New Discovery Rules[/caption] I feel like everyone should know by now that we have new discovery rules that have changed the game on a lot…

  5. Expert Institute Insights

    Zantac MDL Defendants Face Accusations of Spoliation and Hindering Discovery

    By Victoria Langley

    French drugmaker Sanofi and numerous other drug manufacturers, retailers, and pharmacies are currently defending lawsuits related to Zantac. At the center of the action are allegations that the drug contained…

  6. Chicago IP Litigation

    Court Allows Limited Actual Confusion Discovery for Lanham Act Preliminary Injunction

    By R. David Donoghue

    CampaignZERO, Inc. v. StayWoke, Inc., Slip Op., No. 20 C 6765 (N.D. Ill. Dec. 4, 2020) (Valderrama, J.). Judge Valderrama granted in part plaintiff CampaignZERO's motion for expedited discovery related…

  7. Resolving Discovery Disputes

    50 Days Before Trial—It’s Expert Disclosure Time

    By Katherine Gallo

    If a party has timely served a Demand for Simultaneous Exchange of Expert Trial Witness Information pursuant to Code of Civil Procedure section 2034.210, then “all parties who have appeared…

  8. The D&O Diary

    Guest Post: Section 220 Books and Records Demands: Can You Obtain Privileged Documents Too?

    By Kevin LaCroix

    [caption id="attachment_21515" align="alignleft" width="189"] Paul Ferrillo[/caption] [caption id="attachment_21516" align="alignleft" width="184"] Gregory A. Markel[/caption] Requests for the inspection of books and records pursuant to Section 220 of the Delaware General Corporation…

  9. Presnell on Privileges

    “All I Know is What the GC Told Me!” Court Allows CEO’s Deposition but With Some Privilege Protections

    By Todd Presnell

    The C-Suite, appropriately so, often lacks first-hand, personal knowledge of the company’s day-to-day activities, instead relying upon others to keep them informed.  But privileged communications necessarily permeate these discussions when…

  10. Investigations and Enforcement Blog

    Court Invokes Rule 26 Proportionality Requirement as Added Barrier to Discovery in SEC Action

    By Patrick Linehan, Chris Conte, William Fletcher

    A court in the Southern District of New York recently issued a noteworthy opinion in addressing a discovery dispute concerning communications between a non-party witness at the center of the…